South Carolina Statutes
§ 27-35-40 — Use of premises without agreement or permission or by trespass; rent.
South Carolina § 27-35-40
JurisdictionSouth Carolina
Title 27PROPERTY AND CONVEYANCES
Ch. 35CREATION, CONSTRUCTION, AND TERMINATION OF LEASEHOLD ESTATES
This text of South Carolina § 27-35-40 (Use of premises without agreement or permission or by trespass; rent.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.C. Code Ann. § 27-35-40 (2026).
Text
When a person enters upon or uses the premises of another without agreement or without the permission of the owner or by trespass the owner may at his option waive such tort and treat and deem such person a tenant at will. In such case the landlord shall have and be entitled to a reasonable rental for the use and occupation of such premises and all remedies for the enforcement of his rights in respect thereto as in other cases of tenancy at will.
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Legislative History
HISTORY: 1962 Code SECTION 41-54; 1952 Code SECTION 41-54; 1946 (44) 2584.
Nearby Sections
15
§ 27-35-10
Tenancies created by oral agreement.§ 27-35-100
Time of termination of farm tenancies.§ 27-35-120
Termination of month to month tenancy.§ 27-35-140
Failure to pay rent.§ 27-35-150
Abandonment of premises.§ 27-35-20
Agreement for more than one year.§ 27-35-50
Sale of real estate under lease.§ 27-35-60
Validity and effect of subleases.Cite This Page — Counsel Stack
Bluebook (online)
South Carolina § 27-35-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/27-35-40.